Delhi High Court Temporarily Stays Order For Extension Of CM Advocates' Welfare Scheme To All Lawyers Residing In NCR

The Delhi High Court today granted a temporary stay on a single judge order for extension of benefits under CM Advocates' Welfare Scheme to all lawyers who are residing in the NCR region but are practicing in Delhi. 

A Division Bench of Chief Justice DN Patel and Justice Amit Bansal, after hearing Advocate Satyakam for Delhi Government, ordered that operation of the single Judge order will remain stayed until the next date of hearing, i.e. September 30.

Satyakam pointed out that notice was already issued on an appeal challenging single Judge order and the same is coming up for hearing at the end off month. However, meanwhile, he submitted, if the impugned order is not stayed, the Delhi Government will be obligated to pay premiums for all the Advocates, including those residing in NCR, and thereafter even if the appeal is decided in Government's favour, it will have borne a monetary loss.

"The direction to buy the policy for 5044 lawyers residing in NCR region by 31.07.2021 would highly prejudice the case of the appellant and would cause irreparable loss to the appellant," the appeal stated.

Arvind Kejriwal led Delhi Government rolled out a scheme for welfare of advocates with an annual outlay of Rs.50 crores. The same was extended to practising advocates who are enrolled with the Bar Council of Delhi and are also in the voters' list of Delhi.

While allowing the pleas filed by the Bar Council of Delhi and Advocate-members of BCD residing in Noida, Gurugram, etc., Justice Prathiba Singh had observed:

"The condition in the Scheme that it would be applicable only to residents in Delhi with Voter IDs, is held to be discriminatory and arbitrary as the sub-classification from amongst the advocates enrolled with the Bar Council of Delhi, has no rational nexus with the object to be achieved."

The Judge had therefore ordered that benefits will be extended to the members of BCD, irrespective of whether they hold voter ID cards of Delhi or not.

In its appeal, the Delhi Government argued that question as to which category of lawyers are eligible for benefits under the Scheme is an issue of policy. It was further stated that the Government has no statutory obligation and hence, no writ could be issued in the matter.

"The present scheme is one which has been launched by the local government for local people who are residents of Delhi. It was submitted that the advocates residing in the NCR region have rightly been excluded," the appeal read.

Notice in the appeal was issued by a CJ led Division Bench last month.

The case is likely to be heard on September 30.

Case Title: GNCTD v. BS Bagga & Ors.